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Full-Text Articles in Law

Defending Truth: Legal And Psychological Aspects Of Holocaust Denial, Kenneth Lasson Dec 2007

Defending Truth: Legal And Psychological Aspects Of Holocaust Denial, Kenneth Lasson

All Faculty Scholarship

From the still-burning embers of the Holocaust we have come once again to learn the terrible truth, that the power of Evil still lurks among the nations of the world, and cannot be underestimated. Nor can the effect of the spoken and written word, which in modern times must be taken in tandem with the violence of terrorism. Part I describes the background and nature of Holocaust denial, tracing the Nazis' adoption of a plan for the A "Final Solution of the Jewish Problem" through the post-War Nuremberg Trials to the present day. Part II examines the tension between free …


Some Learning Opportunities From The Imus Affair, Kenneth Lasson Apr 2007

Some Learning Opportunities From The Imus Affair, Kenneth Lasson

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The author discusses the broader issues of free speech under the surface of the Don Imus affair, where that commentator made a gratuitous slur about the Rutgers women's basketball team. He balances this gaff against the good deeds of the same personality, comparing this with similar provocative remarks made by other well-known public figures. The media is cited for an overreaction to the Imus incident, and all these components are discussed in light of what free speech means.


Newsgathering In Light Of Hipaa, Alexander A. Boni-Saenz Feb 2007

Newsgathering In Light Of Hipaa, Alexander A. Boni-Saenz

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This short piece examines the interaction between the Health Insurance Portability and Accountability Act (HIPAA), a federal law designed to protect the privacy of individuals’ health information, and state Freedom of Information (FOI) laws, which are designed to ensure public access to government documents. It describes three recent cases from different states that addressed difficult issues about where and how to draw the line between the public’s right to know and individuals’ rights to keep their medical information secret. It concludes that questions about the interaction of state FOI laws and HIPAA should be guided by the framework suggested in …